Terms And Conditions
These are the terms and conditions which apply to your purchase of jewelry and accessories (“Goods”) from the Shinygemlight website at www.shinygemlight.com (the “Website”).
The Website and Goods are provided by Shinygemlight, a trading name owned by Wendy Tan, an online store which registered in Singapore. When we refer to “you” and “your” we mean the user of the Website and purchaser of Goods. These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying anything from this Website.
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods or the Website, please email us at [email protected]
SECTION 1: INFORMATION ABOUT THE WEBSITE & THE GOODS
This Part sets out some terms about information on the Website, descriptions of Goods and how you use the Website.
Separate Notices and Disclaimers apply to your use of the Website. By accepting these terms and conditions you also agree to the Notices and Disclaimers.
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You should bear in mind that buying jewelry and accessories over the internet provides a different shopping experience to buying in-store. In particular, you acknowledge that:
- The colours which are shown for the Goods on the Website will depend on many factors – including your display settings. Since gemstones are natural materials and each gemstone is unique, it is sometimes difficult to find exact colors and please note that our colours may vary slightly from the pictures shown on our website. We do not warrant that the quality of any products, or other material purchased by you will meet your expectations, or that any errors in the Service will be corrected.
- All sizes and measurements are approximate;
- All Goods are subject to availability – We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- Any delivery estimates given on the Website or by email are estimates only.
- We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
SECTION 2: BUYING GOODS
This Part sets out some terms which apply to your purchase of Goods from us through the Website. You make an offer to purchase a product from us (your “Order”) by completing the staged process on the Website as set out below:
- Adding product to your cart
- Checkout step 1 – login details
- Checkout step 2 – address details
- Checkout step 3 – payment details
- Confirmation of order
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your order contains a series of offers for each product individually.
On receipt of your order, we will send you an Order Confirmation email to the email address which you provide in the Order process. This Order Confirmation email will contain your Order number, details of the Goods ordered. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods.
We must receive full payment of the price of the Goods before we can accept any offers. When you select to pay by credit or debit card, we will process the payment at the time of preparing your Goods for despatch. If you select to pay via PayPal, we will process the payment at the time of the order being confirmed.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch that product to you and send you an Order Despatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance.
If a product is not available, we will include details of the unavailable product in the Order Despatch or Out of Stock email. A product which is not available will not be included in the contract for a product which is despatched.
Prices and charges on the Website are in US dollars (USD). We ship Internationally and provide free shipping worldwide.
All prices are, unless otherwise stated, inclusive of GST and other applicable taxes.
Many countries have specific import restrictions on certain products of materials and it is the responsibility of customers to check local customs regulations before placing an Order for shipping to their country. Any further duties or tax costs are your responsibility once the order has reached the destination country. You will be responsible for assuring that any products you order comply with state and federal government import regulations.
SECTION 3: RETURN & REFUND
Sets out the terms which govern your right to return any Goods that you do not want to keep.
You may initiate with our customer service for return of goods within 7 days upon receiving your item(s) for exchange or refund. Please note that we only accept products in their original condition with original packet and tag should be intact. For the returned item(s), we will arrange a replacement or issue a refund. You will be responsible for the return shipping cost.
You are eligible to get a full refund if your items are defective, damaged or mis-shipped. You must obtain ‘Proof’ of damage by taking pictures and send it to . Once our customer service has approved your request, we will provide you with a return address. When we received the returned item(s), we will process your request immediately. It may takes approximately 10 to 15 business days to process the exchange or refund of goods. Refunds will be credited to your bank account, depending on your bank or payment services.
Nothing under these terms and conditions affects your statutory rights.
SECTION 4: THIRD – PARTIES LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 5: USER COMMECNTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 6: PERSONAL INFORMATION
SECTION 7: PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. In no case shall Shinygemlight, our owner, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 – INDEMNIFICATION
You agree to indemnify, defend and hold Shinygemlight and our owner, licensors, service providers, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any Shinygemlight due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 10 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 12 – SHIPMENTS AND APPLICABLE DUTIES AND TAXES
Depending on the country to which you instruct us to ship your order, your order may be subject to import taxes, customs duties and fees and/or other similar types of governmental taxes, duties or fees (collectively, “Duties and Taxes”). You are responsible for the payment of all such Duties and Taxes, irrespective of when you are billed or charged for Duties and Taxes. We have no control over these charges as customs policies vary widely from country to country. When you place an order for which Duties and Taxes are applicable, the calculation of the Duties and Taxes payable by you may not occur until after you have placed your order. This means that the first time you learn about the amount of the Duties and Taxes charged to you may not be until you receive your credit card statement or your receipt from us with your shipment. In some cases, the calculation of Duties and Taxes may cause a shipping delay beyond our original delivery estimates.
SECTION 13 – CONTACT INFORMATION